Download Essays in Jurisprudence and Philosophy by H. L. A. Hart PDF

By H. L. A. Hart

ISBN-10: 0198253877

ISBN-13: 9780198253877

ISBN-10: 0198253885

ISBN-13: 9780198253884

Those essays, which conceal quite a lot of subject matters, have been written via Professor Hart among 1953 and 1981, and primary seemed in quite a few varied books and journals.

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Extra info for Essays in Jurisprudence and Philosophy

Sample text

A & Comp any, Ltd. have a contract with B . ' I t i s obvious that the use o f these sentences silently assumes a special and very comp licated setting, namely the existence of a legal system with all that this implies by way of general obedience, the operation of the sanctions of the system, and the general likelihood that this will continue. But though this complex situation is assumed in the use of these statements of rights or duties they do not state that it exists. There is a parallel situation in a game.

3 1 ff. • 48 GENERAL THEORY POSTSC RIPT See for criticisms and comments : 1 . L. J. Cohe n , 'Theory and Definition in J urisprudence ' Pro c. A risto t. So c. , 2 3 8 . 2 . P . M . Hacker, 'Definition in J urisprudence' Ph ilo soph ical Quarterly ; xix ( 1 9 69 ) , 343. 3 . J . Horwitz, Law and L ogic (Springer Verlag 1 9 7 2 ) , 1 5 6 . 4 . J. Ross, Portray ing A na/ogy ( Cambridge 1 9 8 1 ) , 202-7 . E s s ay 2 Posi tivism and the S e p aration of Law and Morals In this article I shall discuss and attempt to defend a view which Mr Justice Holmes, among others , held, and for which he and they have been much criticized.

It must th ere­ fore be some entity to which the four cards belong. ' A th ird might say : 'No , the trick is a fictitious entity which the players pre tend e xis ts and to which by a fic ti on which is p art of the game they ascrib e the card s. of any guidance as to the use made of the word within the game : we would stand by the original two-fold explanation ; for this surely gave us all we needed when it explained the conditions under which the statem ent 'He has taken a trick ' is true and showed us how it w a s u sed in drawing a conclusion from the rule s in a p articular case .

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